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ARTICLE · 22 DECEMBER 2012

Sealing the settlement: don't forget to invite the third parties

When settling a dispute, it is important to consider whether the release from liability should extend to third parties.

AustraliaLitigation, Mediation & Arbitration

Key Points:

When settling a dispute, it is important to consider whether the release from liability should extend to third parties associated with the release, and there are several options open to do so.

We often talk of sealing the deal, but sealing the settlement of a dispute is also an important occasion. Closing a deal may open up new business opportunities, but finalising the settlement of a dispute can resign a distracting and draining feud to history so that a business can focus on what matters most, its business.

Often, the final step in sealing a settlement is entering into a settlement agreement. There are many issues which may arise when preparing a deed of settlement; for example, the insurance implications of releasing a person from liability, the tax treatment of the settlement sum, whether any indemnities are necessary, and much more. Not all of these issues will arise in every case, but one issue which almost certainly will is the scope of the

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